MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           16 August 2001                   
	DOCKET NUMBER:   AR2001058974

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That his request for the Purple Heart was made on 21 April 1946 at the time he was discharged from the service.  After numerous requests, he was notified that his records were destroyed in the 1973 fire in St. Louis.  He contends that he should not now be held responsible because the Army cannot verify his entitlement to the Purple Heart.  He says that he is receiving disability payments for permanent physical impairment due to the gunshot wound he sustained while on active duty.

In support of his application, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, a WD AGO Form 106, Request for Decoration and/or Citation (Purple Heart), dated 21 April 1946, various rating decisions rendered by the Veterans Administration (VA) showing that as of November 1999 he was awarded 10% disability for residuals of a gunshot wound to the left hand, medical treatment notes dated 21 April 1945 indicating that he was treated for a gunshot wound to the left hand and the 1st and 2nd Endorsements, dated 15 and 17 May 1945, respectively, of an investigation Subject: Investigation of self-inflicted Wound.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is derived from documents submitted by the applicant.

He enlisted on 4 December 1942, was trained as a field linesman and served in the European Theater of Operations from December 1944 to March 1946.  He was honorably discharged at demobilization on 21 April 1946 in the grade of technician 4th grade.  His awards include the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 2 Bronze Service Stars, the Good Conduct Medal, the World War II Victory Medal, the World War II Honorable Service Lapel Button, the Expert Badge with Rifle Bar and the Sharpshooter Badge with Carbine Bar.

The Purple Heart is not listed as an authorized award.  Block 34 (wounds received in action) of the WD AGO Form 53-55 contains the entry “None.”

WD AGO Form 106 shows that on 21 April 1946 the applicant submitted a claim to The Adjutant General for the Purple Heart on the basis that he “was wounded in the left hand.  Was never awarded the Purple Heart.  Entry never made on records.”  No details of his wounding are recorded on the request.

A medical treatment note dated 1400 21 April 1945 shows he was admitted to a battalion aid station with a diagnosis of penetrating wound, left palm when a 22 caliber bullet accidentally fired.

Another medical treatment note dated 1820 21 April 1945 shows an admitting diagnosis of NBI (Non-battle injury), gunshot wound penetrating, left hand when German gun went off as it was being unloaded.

On 25 April 1945 another medical treatment note indicated that the wound was completely healed and that the Line of Duty (LOD) determination had not yet been determined, pending a report of investigation.

The 1st and 2nd Endorsements to an investigation of a self-inflicted wound dated 15 and 17 May 1945 indicate that an investigation of the incident was completed and appended to the endorsements; however, the report of investigation is not included in the available records.

Rating decision papers from the VA show that the applicant was awarded disability as a result of a gunshot wound of the left hand which was determined to have been incurred in service during World War II.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The available evidence in this case appears to show that the applicant suffered a gunshot wound to the hand that was accidentally self-inflicted when he was unloading a German pistol.  Under the circumstances, he does not meet the standard for award of the Purple Heart which require that the wound must have been inflicted as a result of hostile action.

2.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle an individual to the Purple Heart.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that satisfies this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__tb  ____  ___jtm __  ___jh ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058974	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010816	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.